Legal Opinion · Concurrence

Zenker v. Winder

North Dakota Supreme Court

Decided February 23, 1955No. 7482Published

1ConcurrenceMorris, Judge

I concur in the result reached by the opinion prepared by Judge Johnson. This is an action tried to the court without a jury. ■

“Upon the trial of any question or issue of fact by the court, its findings of fact arid conclusions of law, and' direction for entry of judgment in accordance with such conclusions must be given in writing and filed with the clerk * * ” Section 28-1601 NDRC 1943.

Section 28-1604 NDRC 1943 provides:

“The judge may direct either or both parties to prepare findings of fact, unless they have been waived, and may *676direct .that the same he served upon the opposing party. ■…

2Cases cited7 opinions

  1. In re WeberNorth Dakota Supreme Court · 1894
  2. Great Northern Railway Co. v. MustadNorth Dakota Supreme Court · 1948
  3. Dibble v. HansonNorth Dakota Supreme Court · 1907
  4. Weigel v. Powers Elevator Co.North Dakota Supreme Court · 1923
  5. Malherek v. City of FargoNorth Dakota Supreme Court · 1922

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